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Turnbull confidence could be tested

Independent MP Andrew Wilkie has made no guarantees on how his vote will fall if the opposition brings a motion of no confidence in the Turnbull government.

If Deputy Prime Minister Barnaby Joyce is disqualified by the High Court from sitting in parliament, the government will lose its one-seat majority - at least until the New England by-election can be decided.

Senior Labor figures have declined to speculate on whether the opposition would immediately bring on a no confidence motion to test the government's numbers.

But Mr Wilkie told AAP on Thursday he would approach such a motion "on its merits".

"I have not and will not make any guarantees to anyone about anything," Mr Wilkie said.

"This remains the case and will continue to be the case if Barnaby Joyce is found to be ineligible to sit in the parliament. Obviously the crossbench is well aware of the government's circumstances."

Opposition business manager Tony Burke told AAP the government had been reckless in its handling of the matter.

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"Labor won't make the same mistake the prime minister made when he announced to the parliament what the High Court will decide," Mr Burke said.

"If Barnaby Joyce is disqualified we will have more to say then."

The government's numbers would be reduced to 75, out of a 150-seat chamber, without Mr Joyce and including Speaker Tony Smith.

Labor has 69 members and on the crossbench are Mr Wilkie, the Greens' Adam Bandt, independents Bob Katter and Cathy McGowan and the Nick Xenophon Team's Rebekha Sharkie.

Mr Katter said in August he would "not be guaranteeing supply and confidence to the Turnbull government" but rather "doing what was best for Kennedy (his seat), north Queensland and Australia".

Ms Sharkie has said the NXT party, whose leader Nick Xenophon's eligibility is being challenged in the same case, would not make any decision on confidence until after the court decision.

Ms McGowan takes a similar position to Mr Wilkie in awaiting the decision before commenting on questions of confidence.

On no occasion has a vote of no confidence in a government been successful, however, on eight occasions governments have either resigned or gone to an election following their defeat on other questions.

Meanwhile, Labor deputy leader Tanya Plibersek raised doubts about the validity of ministerial decisions made by Mr Joyce and his cabinet colleague Fiona Nash if they are disqualified.

"If it comes back that the High Court says they were not properly elected, all of the decisions they have made as ministers potentially are drawn into question - that for me is the focus of what the government should be doing in response to this legal issue," she told Sky News.

Under section 64 of the constitution any executive decisions made by ministers who were struck out could be challenged if they were made three months after the election date.